The Defects And Improvement Of The Laws Of Boarding Of Vessels

With the increasing prevalence of modern maritime terrorism, prevent maritime terrorism is the most important thing, One of the way is to board the ship. At present,the laws of boarding in maritime counter-terrorism is 1982 United Nations Convention on Law of the Sea,1988 SUA Convention and 2005 SUA Amendments,SOLAS Convention and its amendments,The PSI and its Ship Boarding Agreements, and The UN Security Council's authorization on the boarding of vessels, while these international legal documents related to crimes of maritime terrorism, the specific conditions of boarding, the captain's discretion, Protection provisions, improper board responsibilities and so on, there are many inadequacies about these regulates of boarding for fighting against maritime terrorism,mainly as follows:the laws of boarding of vessels related to maritime counter-terrorism have many deficiencies, Specific operating procedures of ship boarding has been with a backward in maritime counter-terrorism, board model under the jurisdiction of the flag State can not effectively fight against maritime terrorism, convenience flag state's negative response at the requests of boarding in maritime counter-terrorism; The current scope of universal jurisdiction does not include maritime terrorism. These problems make the maritime counter-terrorism must face many practical problems.In response to these problems,I think we should take three appropriate countermeasures. First, the existing legal system should make the appropriate changes,some drawbacks of boarding terms should be modifed in maritime counter-terrorism, specific operating procedures need to be cleared, making the current legal system to adapt to the needs of maritime terrorism and better to board the vessels. In order to make the right of visit in maritime counter-terrorism not to be abused, relevant safeguards provisions must be formulated,and the responsibility of improper board must be cleared. Second, the jurisdiction in the high seas should be adjusted, the exclusive flag State jurisdiction and universal jurisdiction should be based on the current changes. Finally, it should strengthen the international cooperation in maritime anti-terrorism, Countries should work together to safeguard the peace and stability of the international community.